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New Moga Transport Company,Through Its ... vs United India Insurance Co. Ltd. And Ors on 23 April, 2004

43. An exclusion clause should be reflected in clear, unambiguous, explicit and specific terms or language, as in the clauses excluding the jurisdiction of the court the framers of the law apply specific language. In some cases, as it may be, such exclusion could be read with reference to irresistible implicit exclusion. In our opinion the language of Rule 9(2) does not support the submission of the respondents. Application of principle of exclusion can hardly be inferred in the absence of specific language. Reference in this regard can be made to the judgment of this Court in New Moga Transport Co. v. United India Insurance Co. Ltd. [(2004) 4 SCC 677 : AIR 2004 SC 2154]
Supreme Court of India Cites 5 - Cited by 143 - A Pasayat - Full Document
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